FOR BREAKING NEWS VISIT www.qns.com DECEMBER 10, 2015 • THE COURIER SUN 27 Hear Better for the Holidays with Siemens binax Hearing Aids! The binax Hearing Experience • Clinically proven* better than normal hearing in demanding listening situations • Automatically detects speech coming from any direction • Smartphone compatible and Bluetooth enabled Call 855.236.1707 to receive a FREE Demonstration of this amazing technology! 800OFF $ purchase of a pair of Siemens 3 binax hearing aids Everyday retail price for Siemens 3 binax is $2,895 each, Sale Price $2,495 each. Offers cannot be combined. Excludes previous purchases. Call for details. Offer expires 12/31/15. FREE with FREE Hearing Screening Elmhurst: 91-31 Queens Blvd., Ste. 214 Howard Beach: 160 -10 Cross Bay Blvd. Season’s Greetings! There is no better time than the Holidays to express our appreciation for your business and friendship. May all the joys of the season be yours. 28-21 Astoria Blvd., Astoria, NY 11102, P (347) 472-1727, sussexbank.com In NJ: Andover • Augusta • Franklin • Hackettstown • Montague • Newton • Sparta • Vernon • Wantage - In NY: Astoria, Port Jervis THE TREADMILL Q: Four times a week, if not more, I would exercise at the club. Every time, I would use a treadmill. One day, I had been standing in line beside a treadmill for almost two minutes, talking with another patron. Finally, I got my turn. The treadmill had not been turned off. Stepping on, I lost my balance and fell. A: The club’s attorney will argue that you assumed – voluntarily took on – the risk that was inherent in using this running treadmill. You would have a very uphill battle to try to show that the club created or had notice of a dangerous condition. Although it would help your case if other health clubs have treadmills that automatically turn off, when the previous patron steps off, I have never heard that they do. The doctrine of primary assumption of risk provides that a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from such participation. It seems that the risks of using this treadmill were obvious and apparent. You consented to them. By making the conditions as safe as they appeared to be, the club had discharged its duty of care. Unless there is something you have not told me, you are likely to be barred from recovery – because of the doctrine of primary assumption of risk. But see an attorney, to be sure. * Studies conducted at University of Northern Colorado (2014) and Oldenburg Horzentrum (2013) showed that Speech Reception Thresholds cocktail-party situations improved up to 2.9dB for wearers with mild to moderate hearing loss using the latest BestSound™ Technology with Directionality, compared to people with normal hearing. This corresponds to over 25% improvement in speech understanding. c com* Sptaurdeide sto c opneodpulcet ewdi taht nUonrmivearls hiteya orifn gN.o Trhthise cronr Creoslpooranddos t(o20 o1v4e)r a2n5d% O imldpernobvuermg eHnot rizne snpteruemch (u2n0d13e)r ssthaonwdiendg .that Speech Reception Thresholds (SRT) in cocktail-party situations improved up to 2.9dB for wearers with mild to moderate hearing loss using the latest BestSound™ Technology with Narrow Directionality, compared to people with normal hearing. This corresponds to over 25% improvement in speech understanding. © 2015 HearUSA, All Rights Reserved. $25 Dunkin’ Donuts Gift Card Must have hearing loss. Call for details. Offers cannot be combined. Limit one per customer per year. Offer expires 12/31/15. Attention all NY State and Federal Employees, Retirees and Spouses: You may be eligible for hearing aids at minimal or no cost. Call us for more information! Welcome Empire MediBlue, Health First, Touchstone, Wellcare, GHI Emblem Members, HIP and Medicare Advantage HMO plans. Call Toll Free: 855.236.1707 www.hearusa.com Extended hours available upon request. Legally Speaking By: Scott Baron, Attorney at Law Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878
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